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UMAL Environmental Liability May 2009 - page 7 / 17

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7 / 17

ACE European Group

7

Operational Pollution Risk

EU Environmental Liability Directive (ELD)

Transposed into English law through new regime - Environmental Damage (Prevention and Remediation) March 2009 – Wales and Scotland to follow soon

Prospective only – operational risks

Reinforces ‘polluter pays principle’

Damage to land and water

Damage to natural habitats & protected species (Biodiversity)

Main implications

Strict Liability for ‘regulated’ industries

Imminent threat & preventative measures

Reporting requirement for operators

Reporting opportunity for ‘interest groups’

Complementary  & Compensatory Remediation

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